RMA Surveyors, Newbury are members of the Faculty of Party Wall Surveyors. Its aim is to promote the highest standards of professional practice in this field of expertise.

In order to enhance awareness and provide advice & guidance to the general public they have created an explanatory leaflet. A useful guide that explains all you need to know: FPWS-Explanatory-Leaflet.

PARTY WALL ADVICE

If you feel you need some professional advice, please contact RMA Surveyors on 01635 579208. We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties. Get in touch to see how we can support you or complete the contact form with your enquiry.

Are you Planning Building Work to a Party Wall?

Are you planning building work to a party wall or structure that you share with your neighbour? Is your neighbour undertaking building work that will affect your property?

If you are planning building work or your neighbour is proposing work that affects a party wall or party structure then there is a legal requirement to meet the provisions of the Party Wall etc. Act 1996. If your property is in England or Wales, this legislation must be followed. The law does not apply in Scotland or Northern Ireland.

What Is a Party Wall?

A Party Wall can be defined many ways. Principally it is a wall that sits across the boundary between two or more properties, such as the dividing wall between adjoining houses. It could also be the dividing floor between flats.

The Act also protects structures that stands completely on one owner’s land. Sometimes this can be astride the line of junction and can be used by both owners. i.e. Where one owner has built a wall and the adjoining owner has built up against it enclosing the structure. In that particular example only part of that wall might be considered a ‘party wall’.

Properties that are completely independent of one another can also be subject to the Act. If a building owner is planning to undertake excavations up to 6 metres from an adjoining owners structure there may also be a requirement to adhere to the Act.

A ‘party fence wall’ is a wall that does not form part of a building and stands on land belonging to different owners. This could be a garden wall, but does not include a timber fence.

There are many instances where the Party Wall Act may or may not be relevant. For this reason we always recommend it is assessed by a professional to assist, who both knows the workings of the Act and has technical construction expertise.

Does the Party Wall Act Apply To Me?

Providing the structure or structures in question meets the definitions within the Party Wall Act there is ikely to be a requirement that works need to be agreed with the adjoining owner. Simple works, such as installing shelves, replacing electrical sockets or wiring, does not require an agreement. But you should only do certain building work to a party wall or party structure once the adjoining owner or owners have been formally notified in writing and agreed the works in advance of works proceeding. Examples of notifiable party wall work might include ork includes:

Cutting into a wall to take the weight of a beam or insert a flashing.

Inserting a damp proof course.

Demolition, reconstruction or underpinning a party wall.

If you’re planning to undertake excavations there are some comprehensive requirements defined within the Party Wall Act, that need to be properly understood to determine whether the Act applies.

When Does Party Wall Notice Need To Be Served?

If you are planning to undertake building work to a Party Wall then we suggest you inform your neighbour in good time. This is the most critical step and can often prevent unnecessary and costly dispute later on. The purpose of the Act is to avoid disputes arising by making sure owners are aware and agree the Party Wall works.

Where applicable you must notify your neighbour in writing before building work to a party wall begins. There is a minimum period for this notice to be served before building works affecting the party wall or structure can commence. If there is more than one person with an interest in the property (i.e. Leaseholders and Freeholders. Again these are clearly defined in the Act) you must notify all of them. If there are multiple properties affected they must all be notified.

The Act is specific about the requirements of issuing notice/s. It is very important that valid notice or notices are served. If notices are not valid they will need to be served again correctly and this will reset the minimum period.

What Happens If An Adjoining Owner Does Not Agree to Party Wall Works?

If an adjoining owner does not agree to works then a dispute is deemed to have arisen. Parties in dispute are not able to act as a surveyor for themselves . They need to appoint someone who can act independently. Owners may agree to appoint a single ‘agreed surveyor’, or they can each appoint their own surveyor to act upon their behalves. The expert or experts will agree the parameters of how the works should be carried out and will serve a ‘party wall award’ which will stipulate how works affecting the party structure will be completed.

The award usually contains a schedule of condition of the affected elements of the adjoining owner’s property before work begin. This provides an accurate record of the condition of the building prior to works so damage (if any) can be properly defined after works have been completed.

What Amendment has been made to the Party Wall etc. Act?

The Order amends section 15 of the Party Wall etc. Act 1996, which is in relation to the service of notices. Previously legislation allowed for notices and documents to be served or given only in person or by post. This amendment will mean that notices and documents pursuant to the provisions of the Act may be achieved by electronic communications, provided that the intended recipient has stated a willingness to receive them by those means.

The new section 15 (1a&c) states that ‘a notice or other document required or authorised to be served under this Act may also be served on a person (“the recipient”) by means of an electronic communication, but only if— (a) the recipient has stated a willingness to receive the notice or document by means of an electronic communication; and (c) the notice or document was transmitted to an electronic address specified by the recipient.’

A Party Wall usually separates buildings belonging to different owners, but could include garden walls built astride a boundary (known as party fence walls). The Act is designed to avoid and minimise disputes. It makes sure property owners notify adjoining owners in advance of proposed works. It’s important to remember that notice should be served even if works are being undertaken only to your side of a wall.

If you need advice on Party Wall matters, please contact RMA Surveyors. We are members of The Faculty of Party Wall Surveyors and provide surveying and advice in compliance with The Party Wall etc. Act 1996. We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties. Call us on 01635 579208 or complete the enquiry form.

Being unaware of a duty to serve Party Wall Notice under The Party Wall etc. Act 1996 is not a defence. Some people do not factor in the costs of compliance with The Party Wall etc. Act 1996 before they commence works. Some choose to ignore the legislation, in the belief they are saving themselves time and money. This incorrect course of action leads to delays to their project, neighbourly dispute, possible court action and associated costs.

The Requirement For Party Wall Notice

The Party Wall etc. Act 1996 requires Building Owners to serve relevant party wall notice to Adjoining Owners up to 2 months before notifiable works commence. When party wall notice is not served and it can cause friction between neighbours. In the worst case scenario where works have begun Adjoining Owners can apply to the Court and gain an injunction against the works. There are upfront costs for doing this, which are usually recoverable from a Building Owner. What Building Owners can also overlook by neglecting to serve notice is that certain rights granted by the Act are also not invoked (such as access in their neighbour’s land, to undertake notifiable works).

In many cases serving party wall notice is simple. By notifying a neighbour that works are going ahead there is less likelihood of a dispute occurring. Issuing notice/s with a polite letter explaining what the works are is far cheaper and easier than a court injunction and costs, then living with the resulting bad feeling.

Ignorance Is No Defence

The Party Wall etc. Act 1996 is now well established legislation. There is no good reason to ignore it. The courts will invariably find against anyone who does, either wilfully or through genuine ignorance. The cost of not serving a valid party wall notice may prove to be the costliest oversight of the whole project. The adage of Ignorantia iuris nocet applies. Not knowing the law is harmful.

We Can Help

If you are having works undertaken to your property that is likely to affect your neighbour’s property contact RMA Surveyors Ltd and we will be pleased to assist you serving the correct notice to avoid future and costly disputes. RMA Surveyors Ltd are members of The Faculty of Party Wall Surveyors Please contact us and we will be happy to help.

RMA Surveyors Ltd are proud to announce they have been accepted for membership of the Faculty of Party Wall Surveyors. RMA Surveyors Ltd have always acted as competent party wall surveyors, and are pleased to reinforce this by accreditation from this prestigious organisation. RMA Surveyors Ltd will assist the Faculty in maintaining the highest standards of professional practice in the field of Party Wall Surveying.

Professional

RMA Surveyors Ltd will be continue to act professionally in accordance with the Party Wall etc. Act 1996 on all party wall matters. Whether they be acting for an adjoining owner, building owner, or for both as an agreed surveyor.

RMA Surveyors Ltd are pleased to be part of an organisation whose membership includes the most eminent practitioners in Party Wall matters.

Faculty of Party Wall Surveyors

The Faculty of Party Wall Surveyors have enjoyed steady and continual growth since its inception. Their members benefit from legal support and counsel when required. By obtaining membership RMA Surveyors Ltd belong to the principle organisation dedicated to Party Wall matters. Effectively anyone can call themselves a party wall surveyor, membership of this organisation ensures that a minimum standard of competence is required. The Faculty provide telephone advice to surveyors and the public, provide a list of party wall surveyors

Richard Mountain MRICS MFPWS, RMA Surveyors Ltd managing director, said “Becoming a member of the Faculty demonstrates to appointing owners, that we will deliver a high level of professional competence. The Faculty provides us with additional resources and support when dealing with the technicalities of interpreting the Party Wall Act, it also gives those we act for a method of redress. These two factors are critical, when there are unfortunately some unscrupulous companies trading as party wall surveyors, who do not act properly.”

If you have a Party Wall matter you need to discuss contact RMA Surveyors Ltd, who will be happy to assist.

Having recently undertaken Party Wall Award Notices in Windsor, Newbury and Leckhampstead. RMA Surveyors Ltd are experienced in providing advice in compliance with The Party Wall Act 1996, throughout Berkshire and the South-East.

The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

The Act is separate from obtaining planning permission or building regulations approval. It provides a mechanism for preventing and resolving disputes relating to building work near or on a shared property boundary, or ‘party wall’.

In addition to property surveys, RMA Surveyors Ltd undertake Defect Specific Reports. Each written report provides a clear, comprehensive and professional opinion regarding a particular problem (or ‘defect’) within a building.

Defect specific investigations and reports encapsulate the specific materials, construction and associated issues surrounding a specific building defect. Reports can be provided in a formal written report or in a letter or email format depending on the client’s requirements.

Specification for reinstatement and an estimate for repair costs can also be included.

If you have a concern regarding your property, get in touch for advice. Call us on 01635 579208 or complete the enquiry form.

As chartered surveyors, RMA Surveyors Ltd are members of and are regulated by the governing body RICS (Royal Institution of Chartered Surveyors). As such, any client can be guaranteed a high professional standard of inspection and report.

When making an initial enquiry for a survey on a property, we are often asked what the difference is between a Homebuyer Report and a Building Survey. Our simple response is that while both involve a survey of the property, a Homebuyer Report details all the essential elements of a building but goes into less detail than a Building Survey.

If you would like to read more about the details of each report, take a look at our Property Surveys page.

As chartered surveyors, RMA Surveyors Ltd always provides professional advice and will recommend which type of survey best suits the proposed property. By analysing the age, type (e.g. semi-detached or bungalow) and whether there are any extensions to the property, we can determine which survey would best outline the condition of the building.

If you are unsure which type of survey would be most suitable for the type of property that you are intending to purchase, please contact us and we shall be happy to discuss this with you.

For a Homebuyer Report or Building Survey quote, please call RMA Surveyors Ltd on 01635 579208 or complete the enquiry form.